tv Early Start With John Berman and Christine Romans CNN February 1, 2017 1:00am-2:01am PST
♪ first, the pick, now, the politics. new reaction overnight to the president's nominee for the supreme court. republicans rejoice, democrats, ready for battle. despite the criticism, the white house defending it's rollout of the travel ban. but the white house isn't even committed to the idea that the travel ban is a ban. oh, the controversy. good morning, welcome to "early
start." i'm christine romans. >> i'm john berman. it's wednesday, february 1st, 4:00 a.m. in the east. this could be the biggest impact yet and the heat it's generated overnight. president trump announced his pick for the supreme court vacancy. neil gore such, federal appeals court judge from colorado. republicans across the hill ecstatic. gorsuch was known as the hobby lobby constitution. he is 49 years old. he'd be the youngest member of the court, which means he would possibly serve for decades. democrats just seething over the deep freeze of the high court nominee merrick garland. calling it a nomination to a stolen seat. democrats were quick to pounce on gorsuch, slamming him as outside the mainstream although they did not commit to a filibuster.
and then the president appealed for the senate to fulfill its constitutional role. >> as this process now moves to the senate, i look forward with speaking with members from both sides of the aisle. to answering their questions and to hearing their concerns. >> i only hope that both democrats and republicans can come together, for once, for the good of the country. >> judge gorsuch, his first courtesy calls to senators begin in just hours. laura jarrett live for us bright and early from washington. good morning. >> reporter: good morning, well, agency the president mentioned in his remarks last night, neil gorsuch has an impressive resume and academy background. he's got degrees from columbia and oxford and harvard. his mom was the first to ahead the environmental protection agency. he clerked on the supreme court
for two justices. he worked in both private practice and the government before becoming a judge himself. his judicial philosophy is not a secret. he's described as predictively conservative. much like justice scalia, he believes in a liberal interpretation of the constitution. and he had strong opinions on suicide and wrote a book in 2009 arguing that the taking of a human life is always wrong. on the opinion front, he's one of the judges on the hobby lobby decision where corporations can refuse to cover birth control on the part of their employees. that ruling was held by the supreme court. he was somewhat of a sleep are choice until recently. he wasn't even on the recent list that trump put out in last may, but in several days, we
heard he was rising to the top. >> blawhat's the next step here? >> reporter: well, he sailed through in 2006 when president bush nominated him to the bench but times are different now. and senate democrats promise payback for the republicans' refusal to even grant a hearing for justice garland. they'd need at least eight democratic votes in order to get to that 60-vote threshold to clear hurdles. on the other hand, it's justice scalia's seat. it's not a swing vote like ginsburg. some say putting gorsuch on can restored court to its previous. >> thank you, laura. we've got very big news.
>> it doesn't get any bigger. when you're talking about generations we're also talking about a seat that's been empty for nearly a year. oh, man, get ready for politics. let's discuss with michael moore who was appointed by president obama. live for us in atlanta today, michael. i feel like i've spoken to you three times in the last three days i have. >> good to see you. >> when you're talking about neil gorsuch as a judge, it doesn't seem that anyone is questioning the strength of his legal mind? >> no, i think that's right. i don't think there's any question that lease qualified. some of his opinions are well written. i don't know we're in a situation where anybody would test his qualifications. this boils down to politics and ideological moves based on decisions he's written, for instance, the hobby lobby case. >> tell us a little bit about his philosophy. his consistent conservatism on
social issues. >> you know, it's said that he really does fit in the scalia mode. he's an audit textural. in other words, he believes that words matter. he believes that the meaning the words matter and therefore have purpose. i will say this, and i found this interesting for those who sort of considered his nomination, back in his confirmation hearing for the circuit in 200 of, this would be in the summer of 200 of, sandra graham asked him how do you fit in with judicial philosophy. judge gorsuch came out and said, look, i really don't want to be pigeonholed. i think that's a mistake that people make by pigeonholing themselves in one place or another. and when they do that, they miss the gray areas of the law. and gave a little warning that people can change than what we originally thought they may be. so, i think it's clear he's going to be a conservative vote. i think you can look at his writings in the areas of
assisted suicide and see that he has views on sanctity of life. he wrote the concurrence on hobby lobby and see that he's going to give a lot of religious preference in his decisions. but again, i go back to 2006, where he says don't pigeonhole people because they can change a bit. >> michael, i suppose where you stand on politics depends on which side of the aisle you sit on. as you said, you can question the legal thinking or the quality of the mind. i think the same can be said of merrick garland nominated by president obama nearly a year ago. and for whom senate republicans would not even hold a hearing. so there really could be a political battle here. it depends if democrats think two wrongs don't make a right. or if they take the philosophy what goes around comes around. >> i think republicans need to
be careful and they might get too 1345r9 by half and overstep. i don't think there was any question that judge garlands were mistreated. i think he was treated poorly and he deserved a vote. he'd been nominated by the president. and i thought he was mistreated and treated poorly. however, i think using the gorsuch nomination as way way to get back for how merrick garland was treated may be a mistake. if we pushed the senate republicans invoke the nuclear option, we're stuck with that. that means that bar is lowered from probably from here on when we look at other supreme court nominees. i hope the democrats what they'll be thinking about, not just the gorsuch nomination but what happens down the road. >> that's a really good point. judge gorsuch, he clerked for anthony kennedy.
maybe we're talk about a kennedy retirement down the road. maybe there will be other pickings here for this president soon. >> i do think that's insightful when you say that because that's something that democrats need to think about. gorsuch will be really the first former clerk to come back and sit on the clerk there actively. he was a clerk for white and kennedy. kennedy may see this as a time to say, look, i've done my time. i'm comfortable with the replacement. with the makeup, he was fond of gorsuch by all accounts. i think it could in fact give a green light or make him feel better about retiring. honestly, it's going to be that seat or a second seat that really does 52 have a chance to change place of the pool. >> michael moore, thank you nor being here again. appreciate your insight. days of fallout over that travel ban has the white house on the defensive even claiming the travel ban isn't really a ban at all.
even though the president tweets about it calling it a ban. we've got more on these three complicated letters next. splenda naturals? well... she's made with stevia. come on! stevia has a bitter aftertaste. hold on. splenda naturals is not bitter. she's as sweet as sweet can be, and calorie-free. again with the calories? it turns out people don't want extra calories. so that's it? no, we made you a cake. with sugar? oh, no. (laughing)
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this morning, the trump administration is defending the rollout of its controversial travel and refugee ban which they are now saying is not a ban but that's a whole different story. the new secretary of homeland security said he and his staff were involved if drafting the ban. but said they only got to see the final draft of the ban the day it was signed. i want to bring in dan, live from washington, clearly the administration is trying to turn the titanic here, turn the ship around, get ahead of this message. but they can't even really agree on what the words of that message would be. >> that's exactly right. john kelly said flat out he was involved in the drafting of this. our reporting says something differently, house republicans, members of trump's own party,
even said that the ban which caused chaos across the country was bungled. the roll out of the ban was bungled. this sums as sean spicer, white house press secretary, are even gibling over to call it a been. let's take a listen. >> you say it's not a ban. if the ban were announced, this would be bad for russians for our country. he says it's a ban. >> he's using the words that the media is using. >> those are his words. >> thanks, i'll let kristen talk. it can't be a ban if you're letting 1 million people in. 325,000 people can't come in but it's by nature not a ban. >> it's a ban. are you confused or -- >> no i'm not confused. i think the words that are being used to describe it derive from what the media is calling it.
he's been very clear that it's extreme vetting. >> here's the thing, though, i think a few dictionary will quibble with not calling it a ban, even though a lot of people are let in. secondly, sean spicer himself has called a man multiple times in interviews and events, now, this comes as donald trump changed the discussion and nominated his supreme court nominee yesterday. he'll meet with interest groups. one place he won't go is milwaukee. we were told he was supposed to do a harley-davidson event in milwaukee. that event has been cancelled. one supporter says that's because of protests. some debate over whether he was even going to milwaukee in the first place. >> protesterses are are saying is this proof that protesters around the country are working. they're saying if they can get the president to change his plans you can see the effect.
>> dan merica. >> we've hosted a lot of presidents before. we hope to host him. >> i do. >> it's a beautiful manufacturing live shot picture there. for the second time in two weeks, facebook chief operating officer cheryl sandburg is criticizing president trump's policies. this time, she's saying the travel ban is particularly unforgiving for women. in a facebook post it says, quote, the executive orders issued over the past week defy the heart and values that define the best of our nation. families have been separated, frightened children have been detained from their parents. people seeking receive few have been turned away and are sent back to danger they just managed to flee. they talks about her
grandmother. the gag rule, that blocks nongovernmental organizations, ngos from around the world from receiving u.s. aid if they perform abortions or discuss them in family planning. she said -- very early in her career, she worked for the world bank and she was very upset by that. she saying just having that suite of family values from around the world. >> you've seen that. >> i wrote a piece on cnnmoney.com about values. not shareholder values but other values. you keep hearing them talk about values, ohm. different kraefs in so many different companies. it's the first time i've heard them talk so little about making money and so much about making the world better. democrats go to new lengths to vote for two of the
two of president trump's key cabinet picks are being blocked by democratic boycott. that has republicans in 'an uproar. they're now on hold after democrats refused to show up for their hearings. committee chairman orrin hatch called that pathetic and amazingly stupid. calling the democrats involved as idiots. >> don't mince words there. >> the rules require at least one democrat to be present.
that means that the president may have to restewart a recess appointment. and the nomination of the attorney general may be also be slowed down by democrats. senator sessions is coming under increased scrutiny in the wake of president trump's travel and refugee ban. and senator sessions denies democratic accusations that he may have had a role in crafting this. many of his former staffers seem to have been involved. also the full senate is expected to take up the nomination of risks tillerson. he is expected, after all of the discussion back and forth on him, it's likely that he'll be the next secretary of state. betsy devos the president's pick for education habaneroly selected. devos could face the accusations
of plagiarism. the responses about the bullying of lgbt students and title 9 of complaints, her statements mirror almost word for word other sources. in the other case, it appears copied from the education department's website. it's not clear whether devos or her staff wrote those answers. the white house calls the plagiarism charges made against devos a character assassination. it's shifting now that the president has named a supreme court nominee. does this mean there will be less of a focus on the travel ban? stick around.
was stolen. and a slight dispute calling the executive order a travel ban. the white house saying it is not a ban, no matter what we called it. what do they want us to call it? now, it moves past the messy roulette. welcome back to "early start." i'm john berman. >> and i'm christine romans, 4:30 in the east. it's been vigorous political jockeying for over a year now. the battle over the vacant supreme court seat begins anew today. overnight, president trump announced his nominee neil gore is such. republicans from little are cheering the pick. gorsuch is best known for the hobby lobby decision that companies avoid paying for contraception citing religious objectives. he's only 49 years old. that could tip the balance of the court for decades after president trump leaves office. >> democrats are saying, wait a
minute, they're seething over the fact that republicans even refused to consider president obama's nominee for over a year. no hearing, no nothing. calling it a stolen seat and pledging their opposition. judge gorsuch calling it outside the mainstream. both the president and justice gorsuch knows they're in for a tough fight. >> as this process moves to the senate i look forward to speaking to members from both sides of the isle. answering their questions and hearing their concerns. >> i only hope that both democrats and republicans can come together, for once, for the good of the country. >> again, democrats say there's irony here, then trump was saying to republicans not to come together on the nomination of judge garland. now he feels differently. the first courtesy calls coming in hours. for months to come.
let's get the new developments and cnn justice reporter laura jarrett live from washington. it was a fairly meticulous rollout overnight, laura. >> it was, john, as the president said in his remarks, neil gorsuch has a pretty impressive academy background. as you might expect he's got degrees from columbia, harvard, oxford. he spent his teenage years in washington. his mom was the first woman to become the head of the environmental protection agency. he clerked for justice kennedy but his yishl philosophy isn't a secret. he's described as predictively conservative. much like in the mold of justice scalia. he believes in following a liberal role of the constitution. in terms of some of the more notable indications he was one of the original judges in the hobby lobby circuit where employees can refuse to provide
birth control. that was held up by the supreme court. he was somewhat of a sleeper choice. he wasn't even on president trump's original list. in the last several days we heard he was rising to the top, john. >> question is how hard will democrats fight. will this nomination sail through. what's the current betting in washingtons laura? >> he certainly sailed through when president bush nominated anymore 2006. senate majority leader mitch mcconnell gushed about him saying the president has made an outstanding choice but times are different now for months. and democrats promise payback for republicans' refusal to even grant a hearing for judge merrick garland, president obama's pick for the justice scalia seat. chuck schumer put out a statement saying the country needs a supreme court justice willing to stand up to the
president. while republicans do enjoy a majority of seats in the senate right now, they're going to need to pick off at least eight democratic votes in order to get to that 60-vote threshold. we'll have to see how it turns out. on the other hand, this is justice scalia's seat. it's not a swing vote like justice kennedy or one of the more progressives on the court. some might say putting in gorsuch right now restores the court to its ideological balance. >> early riser, laura jarrett with us again this morning. great to have you. let's discuss the nomination with another early riser, former federal prosecutor michael moore, an obama appointee. he's live for us in atlanta. good morning. tell us a little bit more about judge gorsuch. i mean the two big draws for conservatives here is a solid track record of conservatism and his age. 49 years old. he could be on this court a very, very long time. >> he really could. he's one of the youngest in
recent history to be nominated to the courts. in fact, his time as a law clerk there making it a little unusual the fact that he was nominated to sit on the court and was a clerk for justice kennedy who's still there. he has the ability to be on the court for decades literally. that's obviously something that the democrats are weighing out. i was interested to listen to the previous reports about the politics and moving him through the process. i think democrats need to be careful because there's no real question here that judge gorsuch has the academy pedigree and background. approved ability as a skilled legal writer and decision maker to meet the qualifications for supreme court justice. i think we need to set aside. democrats might need to set aside the idea that somehow the treatment of merrick garland is going to be revisited in the gorsuch nomination process.
zbt problem is democrats will no doubt saying merrick garland had those same academy quality it's and it was held up. let's get to politics in a second. but i want to talk more about the legal aspects of this and what kind of judge judge gorsuch is. he talked about it last night how he thinks judges should apply the law. >> i respect to the fact in our legal order it is for congress and not the courts to write new laws. it the role of judges to apply, not alter the work of the people's representatives. a judge who likes every outcome he reaches is very likely a bad judge. stretching for results he prefers rather than those the law demands. >> so we hear the phrases, constitutionalist, texturalist, we hear those thrown around. i'm not sure that i fully understand what they mean. so explain. >> he's described as an audit
texturalist, much like justice scalia. he thinks that the words themselves have meaning. the words of the constitution were put there by the framer for a specific purpose and we should interpret those words specifically. and not look to the constitution to be a moving document to fit the circumstances as they ebb and flow. as i've looked back at his past, about a decade ago when he was up for the confirmation for the circuit court, he was very careful to make sure that he told the senate committee he did not want to be pigeonholed. he didn't want to be defined necessarily about a particular judicial philosophy. and sort of warned against that for judges in general. he said, look, if you're pigeonholed and you lean that way, you miss the gray areas of the law. and there are a lot of parts of law that are in fact gray. he pushed back even farther when questions by williams about the idea about an ideologue and why that's a negative thing for a
judge. so, i think he has a history of being a conservative judge and certainly in the hobby lobby case and other cases about religious liberty, he's given very specific, very conservative positions. at the same time, he's talked in the past about the fear of being designated or classified just as an idea liftic judge, particularly one side or the other. it will be interesting to marry those two as we go through the confirmation process. >> what do you make of the fact that he wasn't on the first list of nominees that the president's team put out. and served as sort of a sleeper hit, if you will? >> well, i think that list, the foundation, i think put out some names early on. i think that was a little bit different maybe from what we've seen in the past. certainly way back in the campaign, they were floating that name. a list of who may or may not be on the court. it doesn't mean much to me, the fact that he was not on the list. i think that it's not unusual to have somebody sort of rise to the top. as you look at other people's
records and things like this. so, i don't put a lot of stock on the fact that he wasn't on the original list. again, i think he's generally well respected. and i think it's -- he'll be a pick that now the democrats will have to decide are they going to stand on this hill. or is this somebody they can accept. >> we've got about 30 seconds left. the question, michael, is it better for democrats to stand on the next hill which would mean the next supreme court vacancy which very much could come from the center or left of the bench? >> i think that's something that they need to consider. if knack they hold steadfast in their opposition for judge gorsuch, then they force the republicans to vote the nuclear option which changes the vote through the senate. if that happens, and you get down to a simple majority vote as opposed to a 60-vote threshold that's needed that could be in place for a long time. there's a saying it's a long
road that has no turns in it, the democrats need to think it could be the next vote, vacancy. >> a long road with no turns. michael moore, thanks for being with us. appreciate you waking up with us. >> whether you 00 looked at the rollout last night. it was so very presidential. almost at odds with some of the controversy we've seen over the past couple of days. wouldn't you agree? >> absolutely. judge gorsuch i think is respected as a legal mind are from both sides of the aisle. it's not gorsuch himself who is controversial. it's the nature of the pick. the timing of the pick, merrick garland was all of those things also. after all the pushback over the self-declared travel ban from the white house, the white house now says it's no ban at all. why is that? next.
this morning, the trump administration is defending the rollout of its controversial travel and refugee ban which they now say is not a ban. more on that in a moment. the new secretary of homeland security john kelly suggested that he and his staff were involved in crafting the measure. but cnn has learned the department only got to see the final draft of the ban the day it was signed. want to bring in the never sleeping cnn politics reporter dan merica live from washington. dan, there are questions about who wrote this. whether the departments had oversight over it. and now there are questions over what we should call it. >> yeah, it seems like kelly is being a good soldier saying he's aware, was briefed on it, and that may be true. but even members of donald trump's own party on capitol hill said this is a bungled rollout that caused chaos at the airport. this comes in as the white house is arguing that the ban isn't really a ban. let's listen to what sean spicer
had to say at yesterday's press briefing. >> you say it's not a ban. this was president trump's tweet yesterday, if the ban were announced -- he says it's a ban. >> he's using the words that the media is using. >> we didn't -- >> hold on. john, thanks, i'll let kristin talk. it can't be a ban if you're letting 1 million people. 325,000 people from another country can't come in, it's by nature not a ban. >> i understand, but he himself called it a ban. are you confused? >> no, i'm not confused. i think the words being used to describe it derive from what the media is calling it. he's been very clear it's extreme vetting sblp what's remarkable about this is not only did donald trump tweet it calling it a ban. but sean spicer himself, at events and interviews have called it a ban. so their quibbling over this
word, trying to argue with sem mantsices when this rollout, as republicans just said did not go smoothly. we're going to see donald trump at 11:30 at a supreme court event at the white house. one place we won't see him is milwaukee where he was supposed to attend and go to aevent at the harley-davidson museum in milwaukee. harley-davidson said he was never supposed to come. but what's worth noting there were protests planned in milwaukee that one white house says led to the cancellation of the event. >> and progressives are pointing to this as sort of the fruits of their labor with the protests over the last 12 days they say they sort of scared president off. dan merica, great to have you. president trump hosting pharmaceutical executives to the white house, an industry he's rid ka dualed in the past. the ceos came prepared. trump asked them to go around the room, introduce themselves to the press. each of them stated how many
u.s. employees they have. how many they're hiring in the u.s. how long a history their company has in the u.s. call it a cheat sheet for future ceo visits. also you got to mention the word "manufacturing" say manufacturing as much as you can. how it laid out a challenge. >> you have to get your companies back here. we have to made products back. we're going to get rid of a tremendous number of regulations. i know you have some problems where you cannot even think about opening up new plants. you can't get approval for the plant. and then you can't get approval to make the drug. other than that, you're doing fantastic. >> the amount the u.s. spends on importing drugs has more than doubled over the past ten years. about 40% of all of the drugs americans take are made outside of the u.s. 80% of the companies who manufacture the pharmaceutical ingredients are located in other countries. so you would think that would draw the ire of the president. these stocks popped a little bit
yesterday. in an overall down market. the longest losing streak for the s&p 500 since the election. but those stocks popped. and here's why. the president is he he wants to make it easier for them to research and develop and finding drugs. >> he also did not say that he wants the government negotiating directly with medicare or drug companies on drug prices. something he has said before. his language has been imprecise where the language matters. republicans have been against it in the past. he didn't say he was against it yesterday but it's not something he discussed. >> democrats going to new length to prevent confirmation votes for two of president trump's nominees. we'll tell you how.
they targeted mosques and homes in berlin, three people were arrested suspected of planning to travel to iraq and syria to participate in isis training camps. others were said to be in various stages of plotting attacks. this morning, democrats are blocking two of president trump's key cabinet picks. democrats refused to show up for tom price and steve ma nunnen. orrin hatch described it as pathetic and amazingly stupid. and he called the democrats involved idiots. you get the sense he didn't like what was going on. the rules require at least one democrat to be present for a committee to move forward. this means if it doesn't get through committee, that the president might have to resort to a recess appointment so the nominees can serve without senate approval. that's a ways down the line. but democrats are trying to muck up the process as much as they can. >> senator jeff sessions'
nomination for attorney general has been slowed by democrats. they used a procedural delay for the vote until later today. it's coming on the wake of scrutiny of trump's highly charged refugee ban. and has denied accusations he may have had a role in crafting it. and the full senate is expected to take up the nomination of rex tillerson. betsy devos, the president's pick for education secretary narrowly approved. 12-11 vote along party lines now means it will go to the full senate. there are some issues now surrounding the nominee. there are accusations of plagiarism that have surfaced. a questionnaire that devos filed. in response about bullying of lgbt students in title 9 seeming very similar on word for word from other sources. in one case from an obama
official in the civil rights division of the justice department. and another appearing in a website. it's not clear whether betsy devos herself or the white house wrote the answers. the white house calls the plagiarism charges character assassination. a memo of dissent opposings the executive order -- get this -- has now been signed by 900 diplomats. they're using the department's so-called dissent channel. it's a messaging system that allows employees to offer constructive criticism of foreign policy and they're protected from retaliation. when white house sean spicer was asked about that memo he call on the 900 diplomats to either get with the program or go. it was fewer than 900 diplomats. let's get a check on cnn money stream this morning. file this one on what goes up box the s&p 500 is down four days in a row now. >> that's a cool look.
>> it is. dow futures are higher. global markets are rising. gold prices are higher. why are we looking at gold? because yesterday, there was a rush to safety into gold, into bonds, high-yielding dividend stocks. there was a crash for under armour shares is. look down 25%. look at that chart. that was the biggest one-day loss ever. the company is lowers its guidance for the rest of the year. plus, the chief financial officer is stepping down for personal reasons. it's big money, steph curry and tom brady, even tom brady's good looking could not rub off. >> i find that hard to believe. >> i'm sorry i couldn't show you a picture of beautiful tom brady. >> i'm sorry. pop in apple shares after the sales slumped over the past three quarters is finally over. that's thanks to a huge rebound in iphone sales. revenue for the device at $54 billion, nearly doubling the total from the previous quarter.
this is the year that tim cook says is very strong demand for the iphone 7 and the larger model. cook tells "the wall street journal" apple is considering legal action against the president's travel ban. he didn't provide details on how the company would approach that. he says the travel ban has affected hundreds of apple employees. apple has not responded to our requests for comments about those remarks. finally, tears for super bowl ads are starting to hit the air in light of the game on sunday. >> there's a big game sunday? >> yes. a political statement -- >> you don't look like you're from around here. ♪ >> i want to -- >> welcome to america. >> it features the story of the beer's founder, busch as he
immigrates to the united states in 1800s. he said he faces discrimination because of his heritage. and eventually rising in st. louis, missouri, where we would preview a brewing giant. budweiser insists the timing is a total coincidence. said the ad was created well before the travel ban. it's meant to express entrepreneurial spirit and the big dream. >> it also just makes me thirsty. >> could someone get john berman a beer. >> is it too early? >> it's 5:00 somewhere. >> it's 5:00 a.m. "early start" continues right now. ♪ the political showdown over the still empty supreme court seat reigniting this morning. democrats vowing to fight as president trump reveals his nominee. >> and in the face of growing
criticism, the white house defending the rollout of the travel ban. but now, they don't even want to call it a ban. what's going on here? good morning, everyone. welcome to "early start." i'm john berman. >> and i'm christine romans. it is wednesday, the very first day of february. it's 5:00 a.m. in the east. it's been the source of vigorous political jockeying for nearly a year now. the battle over the vacant supreme court seat begins anew. overnight, the president announced his nominee, neil zbor such, a federal appeals court judge from colorado. republicans are cheering his pick. gorsuch is best known for the hobby lobby decision where companies could avoid paying for contraception citing religious objectives. he's only 14 ye49 years old andd tip the balance of the court for decades. >> and democrats saying not s